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Rule 6-501. Reporting requirements for guardians andconservators.

Intent:

To establish the requirements sufficient to satisfy the UtahUniform Probate Code.

Applicability:

This rule applies to guardians and conservators with the followingexceptions:

This rule does not apply if the conservator or coguardian is theparent of the ward.

Paragraph (1) does not apply to the guardian of a minor if theguardianship is limited to the purpose of attending school.

Paragraph (1) does not apply to a conservator licensed under theTitle 7, Chapter 5, Trust Business, to a guardian licensed under?75-5-311(1)(a), or to the Office of Public Guardian.

Paragraphs (6)(A), (6)(B) and (6)(C) do not apply to the guardianof a minor if the guardianship is limited to the purpose of attending school. Aperson interested in the minor may request a report under Utah Code Section75-5-209.

Paragraph (6)(D) does not apply to the guardian of a minor if theminor?s estate is deposited in an account requiring judicial approval for withdrawalor if there is no estate. A person interested in the minor may request anaccounting under Utah Code Section 75-5-209.

Statement of the Rule:

(1) Examination and privateinformation record.

(1)(A) Before the court enters an order appointing a guardian orconservator, the guardian or conservator shall file a verified statementshowing satisfactory completion of a court-approved examination on theresponsibilities of a guardian or conservator.

(1)(B) After the court enters the order of appointment, theguardian or conservator shall file within 7 days a completed and verifiedPrivate Information Record form provided by the Administrative Office of theCourts. The guardian or conservator shall continue to keep thecourt apprised of any changes to the guardian or conservator?scontact information.

(2) Recordkeeping. Theguardian shall keep contemporaneous records of significant events in the lifeof the ward and produce them if requested by the court. The conservator shallkeep contemporaneous receipts, vouchers or other evidence of income andexpenses and produce them if requested by the court. The guardian andconservator shall maintain the records until the appointment is terminated andthen deliver them to the ward, if there is no successor, to the successorguardian or conservator, or to the personal representative of the ward?sestate.

(3) Definitions.

(3)(A) ?Accounting? means the annual accounting required by UtahCode Section 75-5-312 and Section 75-5-417 and the final accounting required byUtah Code Section 75-5-419.

(3)(B) ?Interested persons? means the ward, if he or she is of anappropriate age and mental capacity to understand the proceedings, the ward?sguardian and conservator, the ward?s spouse, adult children, parents andsiblings and anyone requesting notice under Utah Code Section 75-5-406. If noperson is an interested person, then interested person includes at least one ofthe ward?s closest adult relatives, if any can be found.

(3)(C) ?Inventory? means the inventory required by Utah CodeSection 75-5-418.

(3)(D) ?Serve? means any manner of service permitted by Utah Ruleof Civil Procedure 5.

(3)(E) ?Report? means the annual report on the status of the wardrequired by Utah Code Section 75-5-209 and Section 75-5-312.

(3)(F) ?Ward? means a minor or an incapacitated person for whomthe court appoints a guardian or a protected person for whom the court appointsa conservator.

(4) Report forms. Subjectto the requirements of Paragraph (5):

(4)(A) forms substantially conforming to the forms produced by theUtah court website are acceptable for content and format for the report andaccounting filed under the Utah Uniform Probate Code;

(4)(B) a corporate fiduciary may file its internalreport or accounting; and

(4)(C) if the ward's estate is limited to a federal orstate program requiring an annual accounting, the fiduciary may file a copy ofthat accounting.

(5) Report information.The report, inventory and accounting shall contain sufficient information toput interested persons on notice of all significant events and transactionsduring the reporting period. Compliance with Paragraph (4) is presumedsufficient, but the court may direct that a report or accounting be preparedwith content and format as it deems necessary.

(6) Status reports.

(6)(A) The guardian shall file with the appointing court a reporton the status of the ward no later than 60 days after the anniversary of theappointment. The guardian shall file the report with the court that appointedthe guardian unless that court orders a change in venue under Utah Code Section75-5-313. The reporting period is yearly from the appointment date unless thecourt changes the reporting period on motion of the guardian. The guardian maynot file the report before the close of the reporting period. For good causethe court may extend the time for filing the report, but a late filing does notchange the reporting period.

(6)(B) The guardian shall serve a copy of the report on allinterested persons with notice that the person may object within 30 days afterthe notice was served.

(6)(C) If an interested person objects, the person shall specifyin writing the entries to which the person objects and state the reasons forthe objection. The person shall file the objection with the court and serve acopy on all interested persons. If an objection is filed, the judge shallconduct a hearing. The judge may conduct a hearing even though no objection isfiled. If the judge finds that the report is in order, the judge shall approveit.

(6)(D) If there is no conservator, the guardian shall file theinventory and accounting required of a conservator.

(7) Inventory reports.

(7)(A) Within 90 days after the appointment, the conservator shallfile with the appointing court the inventory required by Utah Code Section75-5-418. For good cause the court may extend the time for filing theinventory.

(7)(B) The conservator shall serve a copy of the inventory on allinterested persons with notice that the person may object within 30 days afterthe notice was served.

(7)(C) If an interested person objects, the person shall specifyin writing the entries to which the person objects and state the reasons forthe objection. The person shall file the objection with the court and serve acopy on all interested persons. If an objection is filed, the judge shallconduct a hearing. The judge may conduct a hearing even though no objection isfiled. If the judge finds that the inventory is in order, the judge shallapprove it.

(8) Accounting reports.

(8)(A) The conservator shall file with the appointing court anaccounting of the estate of the ward no later than 60 days after theanniversary of the appointment. The conservator shall file the accounting withthe court that appointed the conservator unless that court orders a change invenue under Utah Code Section 75-5-403. The reporting period is yearly from theappointment date unless the court changes the reporting period on motion of theconservator. The conservator may not file the accounting before the close ofthe reporting period. For good cause the court may extend the time for filingthe accounting, but a late filing does not change the reporting period.

(8)(B) The conservator shall serve a copy of the accounting on allinterested persons with notice that the person may object within 30 days afterthe notice was served.

(8)(C) If an interested person objects, the person shall specifyin writing the entries to which the person objects and state the reasons forthe objection. The person shall file the objection with the court and serve acopy on all interested persons. If an objection is filed, the judge shallconduct a hearing. The judge may conduct a hearing even though no objection isfiled. If the judge finds that the accounting is in order, the judge shallapprove it.

(9) Final accounting.

(9)(A) The conservator shall file with the court a finalaccounting of the estate of the ward with the motion to terminate theappointment.

(9)(B) The conservator shall serve a copy of the accounting on allinterested persons with notice that the person may object within 30 days afterthe notice was served.

(9)(C) If an interested person objects, the person shall specifyin writing the entries to which the person objects and state the reasons forthe objection. The person shall file the objection with the court and serve acopy on all interested persons. If an objection is filed, the judge shallconduct a hearing. The judge may conduct a hearing even though no objection isfiled. If the judge finds that the accounting is in order, the judge shallapprove it.

 

Effective May 1, 2018